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Decisions of the Superior Courts of New South Wales, 1788-1899

Cann v. Ward [1840] NSWSupC 49

assault, domestic violence, damages, exemplary, damages, personal injury

Supreme Court of New South Wales

Willis J., 17 September 1840

Source: Sydney Herald, 21 September 1840[1]

Cann v. Ward; to recover damages for a violent assault.  The defendant is a publican residing at the Surry Hills where he keeps the "Cockatoo Inn."  Mr. Brown stated that he had sat on the case at the Police Office, but Mr. Windeyer said he would not object to him.  It appeared, that on one occasion in August last, he kicked his wife out of doors, and the plaintiff took her in, on which the defendant went on the following day kicked the plaintiff, and then knocked her down, when he kicked her again severely on the stomach, at the same time using very disgusting threats.  Damages laid at £500.  Mr. Windeyer reminded his Honor that a jury had once given damages of £100 for killing a couple of chickens, and submitted that the defendant's violent proceedings must be checked by examplary damages.  Verdict £100.


[1]          See also Australian, 19 September 1840.


Published by the Division of Law, Macquarie University